Arkansas Administrative Code
Agency 143 - Arkansas Crime Victims Reparations Board
Rule 143.00.92-003 - Fiscal Year End Report
Current through Register Vol. 49, No. 2, February 2024
I. BACKGROUND
This annual report covers the period of July 1, 1991 through June 30, 1992, It is the fourth report of the Arkansas Crime Victims Reparations Board, created by the passage of the Arkansas Crime Victims Reparations Act during the 76th General Assembly of the Arkansas Legislature in 1987. Sections 20 and 21 of Act 817 of 1987, which provide for the collection and placement of fees in the Arkansas Crime Victims Reparations Revolving Fund, became effective July 1, 1987. The remaining . sections of the Act, which provide the mechanisms for compensating innocent crime victims in our state, became effective July 1, 1988. The 78th General Assembly passed Act 396 of 1991 that changed the fee schedule to twenty dollars ($20.00) for each felony and ten dollars ($10.00) for each misdemeanor, not including traffic offenses. This act also allowed reimbursement to medical facilities that provide services to sexual assault victims. The effective date of Act 396 of 1991 was March 7, 1991.
The passage of the Arkansas Crime Victims Reparations Act, sponsored by the Honorable Bob Fairchild, State Representative from Washington County, House District 15, was a landmark; in the provision of rights to victims of crime in Arkansas. The effect of the legislation is to balance the scales of justice between the rights of the accused and the rights of the victim in the criminal justice system in our state. Nationwide there are forty-nine (49) compensation programs which include the District of Columbia and the Virgin Islands. Maine has established a compensation program that will begin payments to victims in 1993.
II. SUMMARY OF THE ARKANSAS CRIME VICTIMS REPARATIONS ACT
Under the auspices of the Office of the Attorney General, the Arkansas Crime Victims Reparations Board administers the compensation program mandated by the Arkansas Crime Victims Reparations Act. During fiscal year 1992 a total of $1,277,115.05 was expended from the Crime Victims Revolving Fund and the Victims of Crime Act ;grant. Administrative costs equaled 6% of the total paid from the Arkansas Crime Victims Reparations Revolving Fund during FY '92.
Salaries for six staff members as well as telephone, postage, and office space were paid from the general revenues appropriated to the Office of the Attorney General.
The Arkansas Crime Victims Reparations Board consists of five members, three of whom are practicing attorneys. Members are appointed for four year terms of office. Terms of office are staggered. The regular meeting date of the Board is the third Thursday of each month, with exception of one winter and one summer month. The Board did not meet in August 1991 or January 1992. The regular meeting location is the Office of the Attorney General, Suite 200, Tower Building, 323 Center Street in Little Rock, Arkansas. The media are notified of all Board meetings pursuant to the Freedom of Information Act, Arkansas Code Annotated Sections 25-19-101 and 25-19-106.
OPERATION DATE
The effective date for Sections 20 and 21 of Act 817 of 1987 was July 1, 1987. The remaining sections of the Act became effective July 1, 1988. The effective date of Act 396 of 1991 was March 7, 1991.
DEFINITION OF A VICTIM
A person who suffers personal injury or death as a result of criminally injurious conduct committed within the State of Arkansas or is an Arkansas resident that suffers personal injury or death as a result of criminally injurious conduct that occurs in a state that does not have a crime victims reparations program.
CRIMES TO WHICH THE ACT APPLIES
An act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. This term does not include acts arising out of the operation of motor vehicles^ boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts committed were in violation of the Omnibus DWI Act 549 of 1983.
ELIGIBLE CLAIMANTS
Those who may file claims with the Board are:
LIMITS OF COMPENSATION
By law, ten thousand dollars ($10,000) is the maximum award the Board is authorized to make. Within the $10,000 limit, work loss and replacement services can be compensated at no greater than $200 per week. $2,500 is the maximum that can be paid for expenses related to funeral, burial or cremation of a deceased victim, and all collateral sources of income, (i.e., funeral/burial insurance policies, worker's compensation, etc.), must be applied towards the $2,500 maximum payment on such expenses. The Board will award up to 75 % of medical bills, not to exceed a total reimbursement of $10,000 for payment of medical bills, not covered by insurance. Acceptance of payment for services paid by this Board shall be considered payment in full and bars any legal action for collection. For mental health services, not covered by insurance, the Board will pay a maximum of $2,500 or provide services for six (6) months, whichever occurs first, provided that a treatment plan is submitted within 30 days of the application.
LOSSES RECOVERABLE UNDER THE ACT
The Board can provide reparations for economic losses ("out-of-pocket expenses") sustained by victims of criminally injurious conduct and DWI, of the following types;
* Medical
* Rehabilitation
* Lost wages due to work loss
* Replacement services
* Funeral/burial expenses
Reparations that can be paid to a claimant are reduced to the extent that the economic loss is recouped from insurance, workers compensation, restitution or other collateral sources.
It is important to note that the Act excludes from eligibility all losses sustained from property crime and non-economic detriment (i.e., pain and suffering).
ELIGIBILITY CRITERIA FOR COMPENSATION
The crime must have occurred in Arkansas on or after July 1, 1988 or must have occurred on or after March 7, 1991 to Arkansas residents that are crime victims in states that do not have crime victims reparations programs.
The crime must have been reported to a law enforcement agency within 72 hours of the incident, unless "good cause" is shown for failure to do so. Sexual assault cases must be reported to a law enforcement agency within 48 hours of the incident (exception for minors).
The claim for reparations must be filed within one (1) year of the crime unless the Board finds "good cause" for failure to file a timely claim.
The claimant must cooperate fully in all investigations of the incident.
The claimant must not have been the offender or accomplice.
Compensation shall not be awarded to a victim who has had a prior conviction for a felony involving criminally injurious conduct. The victim must have suffered personal injury or death as a result of the criminal action of another.-
The net amount of compensation requested in the application must not have been paid by another source.
The injury or death must not have been the result of negligent maintenance or use of a motor vehicle unless the acts are committed with the intent to inflict injury or death or unless the acts committed were in violation of the Omnibus DWI Act, Act 549 of 1983.
Awards shall not be made to a victim who is injured or killed while confined in state, county, or municipal jail, prison or other correctional facility as a result of conviction of any crime.
Compensation that could be awarded a claimant shall be reduced or denied depending on the degree of responsibility for the injury or death that is attributable to the victim.
ADVANCE EMERGENCY AWARD
An advance emergency award of up to five hundred dollars ($500) may be paid to, or in behalf of the claimant if it is determined that the claimant will suffer financial hardship unless such award is made. The amount of the advance emergency award is deducted from the final award as it applies towards the ten thousand dollars ($10,000) maximum.
APPEAL OF BOARD DECISIONS
Administrative decisions made by the Crime Victims Reparations staff are appealable in the form of a request for a . rehearing before the Board. The Board's decision is final.
III. CLAIMS PROCEDURE AND PROCESSING
A victim, dependent of a victim, or person legally acting in behalf of the victim, may secure a copy of the Crime Victims Reparations Board official application form from their local prosecuting attorney, victim witness coordinator, law enforcement agency, medical facility, or the Arkansas Crime Victims Reparations Board, Office of the Attorney General, Outreach Division. In the event assistance is needed by the claimant in completing the application, such assistance is provided by the Victim/Witness Coordinator in the claimant's judicial district or administrative staff of the Arkansas Crime Victims Reparations Board. The administrative staff of the Arkansas Crime Victims Reparations Board can be reached at 1-800-482 -8982 or 682-1323.
The official claim form must be completed, signed and received by the Board within one (1) year of the incident or death of the victim, unless "good cause" for not having done so can be established. Upon receipt, the staff of the Board will log in the claim and begin a thorough review and verification.
The Board and staff have the authority to conduct investigations and/or request any additional information from the victim, the investigating law enforcement agency, medical personnel and/or facilities, witnesses, employers and others deemed necessary for the proper review and verification of the claim. After completion of a thorough investigation and verification of the claim, the staff shall prepare a claim summary for the Board. This summary shall be sent to the Board prior to the meeting at which the claim is to be considered.
The claim is then scheduled for review at the next appropriate Board meeting, A claim summary must be prepared at least fifteen (15) calendar days prior to a. Board meeting for consideration at that meeting. If it is determined during staff review that the claimant will suffer undue financial hardship prior to presentation of the full claim to the Board, an advance emergency award will be considered. The advance emergency award will be deducted from the final award amount or shall be repaid by the claimant to the extent it exceeds the final award.
All meeting material shall be mailed to the Board members ten (10) calendar days in advance of a Board meeting.
The press shall be notified of all meetings of the Board in accordance with the Arkansas Freedom of Information Act.
Claimants who appeal the Boards' decision will be mailed notification of the meeting ten (10) calendar days in advance of the meeting and will have the opportunity to appear, to be heard, and to offer evidence and argument on any issue relevant to the claim. Claimants may also examine witnesses and offer evidence in reply to any matter of evidentiary nature in the record relevant to his/her claim.
The Board shall consider the claims on the agenda and render a decision^ The claimant shall be mailed notification of the Board decision within fifteen (15) calendar days of the Board meeting.
IV. COMPENSATION REVENUE SOURCES
One of the most positive aspects of the Arkansas Crime Victims Reparations program is that monies utilized for compensation of victims are not derived from the law abiding taxpayers of the State of Arkansas. Rather, it comes from those individuals who commit crimes. At the present time, there are several actual or potential sources of revenue for the Grime Victims Reparations Revolving Fund. The primary source is through fee assessment.
The fee schedule for fiscal year 1990 was divided into two categories due to Act 396 of 1991. Fees collected prior to March 7, 1990 used the following guidelines:
Every person pleading guilty, "nolo contendre", or convicted of a misdemeanor or felony offense in the State of Arkansas, not including traffic offenses, was ordered to pay a Victims Reparations Assessment in . addition to any other court costs, fines, penalties, or forfeitures. Act 817 of 1987 required the court to levy a victims reparations assessment of twenty dollars ($20.00) for each felony and five dollars ($5,00) for each misdemeanor offense. Any person convicted, pleading guilty or "nolo contendre" to a felony involving criminally injurious conduct or to a violation of any provision of the Omnibus DWI Act (Act 549 of 1983), was ordered to pay a victims reparations assessment of at least twenty-five dollars ($25.00), but not to exceed ten thousand dollars ($10,000.00), for each crime.
Act 396 of 1991 which became effective March 7, 1991 changed the fee schedule to the following:
In addition to the imposition of any costs, penalties, fines imposed pursuant to law, any person convicted or pleading guilty or "nolo contendre" in a felony or misdemeanor offense, not including traffic offenses, the court shall levy a victims reparations assessment of twenty dollars ($20.00) for each felony and ten dollars ($10.00) for each misdemeanor upon every fine, penalty, and forfeiture imposed and collected. When a cash bond is posted for any offense included in this section, the bond shall also include a sufficient amount to cover the victims reparations assessment.
The total Crime Victims Reparations Assessment state collections for the period of this report were $1,409,630.26.
This is a 94% increase in collections over those collected in 1991. The staff of the Arkansas Griitie Victims Reparations Board works closely with the agencies responsible for assessments and collections, (i.e., prosecuting attorneys, judges, court clerks and the Arkansas Department of Finance and Administration).
The 1985 "Son of Sam" statute, Arkansas Code Annotated Section 16-90-308, provides another revenue source for the Arkansas Crime Victims Reparations Revolving Fund. Should a convicted criminal sell movie or book rights concerning, the crime which he or she has committed, the money received as a result thereof reverts to any state supported crime victims reparations fund or assistance program after a five-year period and after satisfying civil judgments against the offender' by the victim or victims' family. No money has been generated from this source during this reporting period and there is no way to project how much may be generated in the future.
Court ordered restitution, reimbursement through subrogation rights, and donations may also be used to augment the Crime Victims Revolving Fund. The U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime administers the Crime Victims Compensation Grant Program. Awards are made to states based upon forty per cent (40%) of state crime victims compensation payments during the fiscal year, other than amounts for property. The program's first grant was $110,000 in funds assessed from criminals convicted, pleading guilty or "nolo contendre" to federal crimes under the Federal Victims of Crime Act. Funds for grants are disbursed annually to participating states. Funds for the second VOCA grant were in the amount of $3 08,000.
V. STATISTICAL INFORMATION
FISCAL YEAR 1991 and FISCAL YEAR 1992
|
FY '91 |
FY '92 |
|
|
TOTAL STATE DEPOSITS (includes fees & fines restitution, etc.) |
$ 725,524.92 |
$1,409,963.26 |
|
VOCA GRANT |
not eligible |
$ 198,000.00 |
|
AMOUNT DISBURSED (victim claims) |
$1,078,221.76 |
$1,277,115.05 |
|
ADMINISTRATIVE EXPENSES |
$ 32,948.93 |
$ 81,598.00 |
|
CLAIMS RECEIVED |
769 |
1596 |
|
CLAIMS DECIDED |
505 |
1592 |
|
CLAIMS AWARDED |
397 |
1147 |
|
CLAIMS DENIED |
127 |
337 |
|
CLAIMS CLOSED ADMINISTRATIVELY |
60 |
178 |
|
CLAIMS DELAYED PENDING OUTCOME OF TRIAL |
4 |
19 |
|
CLAIMS PENDING |
326 |
198 |
|
AWARD RANGE |
6.77 - *$10,060.00 |
100.00 - *$10,000.00 |
|
AVERAGE AWARD |
$ 2,518.36 |
$ 1,116,35 |
|
* $10,000.00 maximum award |
||
NUMBER OF CLAIMS AWARDED BY TYPE OF CRIME AND SEX OF VICTIM
The total claims awarded for FY '92 represents a 50% increase over FY '91.
FY 1992
|
Type of Crime |
Male |
Female |
Totals Awarded to Both Sexes |
|
Arson |
1 |
3 |
$ 13,405.04 |
|
Assault |
94 |
59 |
334,381.83 |
|
Child Abuse/ Child Sexual Abuse |
15 |
29 |
37,926.95 |
|
Child Kidnapping/ Sexual Assault |
0 |
2 |
1,630-80 |
|
Domestic/Assault Spouse Abuse |
1 |
5 |
4,443.72 |
|
Domestic/Homicide |
0 |
7 |
17,750.52 |
|
DWI |
7 |
18 |
88,105.30 |
|
Homicide |
66 |
23 |
235,186.40 |
|
Kidnapping |
0 |
1 |
272.33 |
|
Sexual Assault (Adult) |
0 |
28 |
35,488.93 |
|
Sexual Assault Examination |
53 |
564 |
169,343.93 |
|
Shooting/Intent to Kill |
55 |
12 |
300,746.98 |
|
Vehicular Assault |
2 |
0 |
1,187.94 |
|
TOTAL |
294 |
751 |
$1,250,548.80 |
NOTE: The amount awarded to victims is less than the amount disbursed due to claims that are supplemental to previous claims.
|
CHILD/JUVENILE VICTIMS |
||
|
Type of Crime |
Male Victims |
Female Victims |
|
Arson |
0 |
1 |
|
Assault |
21 |
17 |
|
Child abuse/family |
3 |
1 |
|
Child abuse/non-family |
0 |
1 |
|
Child sexual abuse/family |
5 |
12 |
|
Child sexual abuse/non-family |
7 |
14 |
|
Domestic assault |
1 |
2 |
|
Domestic homicide |
0 |
0 |
|
DWI |
4 |
6 |
|
Homicide |
16 |
5 |
|
Kidnapping/sexual assault of child |
0 |
2 |
|
Rape/sexual assault |
0 |
9 |
|
Sexual assault examinations |
44 |
257 |
|
Shooting with intent to kill |
13 |
4 |
|
Vehicular assault with intent |
0 |
0 |
|
TOTAL |
115 |
331 |
Crimes committed by individuals residing in victim's home whether committed by parents, stepparents or others are considered "domestic" crimes.
REFERRAL SOURCES FOR CLAIMS APPLICATIONS
Claimants receiving awards between July 1, 1991 and June 30, 1992 obtained information about the Arkansas Crime Victims Reparations Board through the following sources:
|
Prosecuting Attorneys |
78 claimants |
|
HosDitals/Doctor Personnel |
595 claimants |
|
Law Enforcement Agencies |
44 claimants |
|
Newspaper Articles/Maaazines |
8 claimants |
|
Private Attorneys |
18 claimants |
|
Victim Advocates |
93 claimants |
|
Word of Mouth |
88 claimants |
|
Funeral Directors |
13 claimants |
|
City Attorney |
5 claimants |
|
Brochure |
2 claimants |
|
MADD. Arkansas |
2 claimants |
|
Poster |
1 claimant |
|
No Referral Source Noted |
184 claimants |
AWARDS BY TYPE AND AMOUNT
FISCAL YEAR 1992
Of the one thousand one hundred forty-seven (1,147) awards made by the Board from July 1, 1991 to June 30, 1992, payments included the following:
|
TYPE OF EXPENSES % OF TOTAL AWARDS |
AMOUNT IN DOLLARS |
|
|
Advance emergency awards |
$ 2,381.00 |
1% (less than) |
|
Funeral/burial expenses |
193,899,49 |
15% |
|
Future economic loss |
1,960.00 |
1% (less than) |
|
Legal fees |
500,00 |
1% (less than) |
|
Loss of support |
13,871.35 |
1% |
|
Medical expenses |
722,390,95 |
57% |
|
Mental health |
25,993.80 |
2% |
|
Other (accommodations/travel) |
1,851.31 |
1% (less than) |
|
Refund of payment |
- 14,438.25 |
- 1 |
|
Replacement services loss |
7,648.45 |
1% (less than) |
|
Sexual assault |
186,403.66 |
14% |
|
Work loss |
136,034.29 |
10% |
|
TOTAL |
$ 1,277,115.05 |
100% |
AWARDS DATA BY COUNTY
FISCAL YEAR 1992
|
COUNTY |
CLAIMS RECV'D |
CLAIMS AWARDED |
CLAIMS DENIED |
CLAIMS CLOSED |
CLAIMS DELAYED |
AMOUNT IN $$ PAID |
|
Arkansas |
8 |
4 |
1 |
2 |
0 |
$ 4,079,88 |
|
Ashley |
11 |
3 |
1 |
2 |
0 |
753.38 |
|
Baxter |
5 |
5 |
0 |
0 |
0 |
542.96 |
|
Benton |
31 |
24 |
6 |
1 |
0 |
21,275.29 |
|
Boone |
3 |
2 |
0 |
0 |
0 |
5,000.00 |
|
Bradley |
6 |
3 |
2 |
1 |
0 |
9,519.40 |
|
Calhoun |
2 |
1 |
1 |
1 |
0 |
296.48 |
|
Carroll |
3 |
0 |
2 |
1 |
0 |
2,745.76 |
|
Chicot |
3 |
3 |
0 |
0 |
0 |
676.49 |
|
Clark |
9 |
6 |
1 |
1 |
0 |
1,255.25 |
|
Clay |
2 |
0 |
1 |
1 |
0 |
0.00 |
|
Cleburne |
9 |
8 |
b |
2 |
0 |
1,319.35 |
|
Cleveland |
1 |
0 |
1 |
0 |
0 |
0.00 |
|
Columbia |
2 |
0 |
1 |
1 |
0 |
251.84 |
|
Conway |
2 |
1 |
0 |
0 |
0 |
400.00 |
|
Craighead |
14 |
12 |
3 |
2 |
0 |
23,976.35 |
|
Crawford |
16 |
13 |
2 |
5 |
0 |
43,161.75 |
|
Crittenden |
63 |
52 |
18 |
14 |
0 |
65,566.77 |
|
Cross |
8 |
3 |
2 |
2 |
0 |
5,619.22 |
|
Dallas |
5 |
2 |
0 |
1 |
0 |
2,918.01 |
|
Desha |
10 |
9 |
1 |
0 |
0 |
35,123,05 |
|
Drew |
6 |
4 |
1 |
6 |
0 |
2,644.72 |
|
Faulkner |
30 |
23 |
3 |
1 |
0 |
6,853.42 |
|
Franklin |
1 |
0 |
0 |
1 |
0 |
0.00 |
|
Fulton |
2 |
0 |
0 |
0 |
0 |
0.00 |
|
Garland |
46 |
30 |
16 |
3 |
4 |
64,145.48 |
|
Grant |
9 |
8 |
0 |
0 |
0 |
13,450.88 |
|
Greene |
16 |
7 |
0 |
1 |
0 |
14,064.71 |
|
Hempstead |
21 |
21 |
4 |
2 |
0 |
40,867.40 |
|
Hot Spring |
13 |
6 |
2 |
0 |
1 |
12,657.44 |
|
Howard |
2 |
1 |
0 |
0 |
0 |
4,213.11 |
|
Independence |
15 |
6 |
0 |
1 |
0 |
2,001.50 |
|
Izard |
2 |
2 |
0 |
0 |
0 |
672.00 |
|
Jackson |
15 |
3 |
3 |
3 |
0 |
3,446.39 |
|
Jefferson |
99 |
65 |
29 |
10 |
0 |
73,916.39 |
|
Johnson |
4 |
4 |
0 |
0 |
0 |
4,896.06 |
|
Lafayette |
7 |
4 |
3 |
3 |
0 |
11,643.42 |
|
Lawrence |
0 |
1 |
0 |
0 |
0 |
1,002.44 |
|
Lee |
12 |
6 |
4 |
0 |
0 |
1,481.50 |
|
Lincoln |
8 |
6 |
2 |
2 |
0 |
13,198.69 |
|
Little River |
3 |
3 |
1 |
0 |
0 |
2,740.86 |
|
Logan |
3 |
2 |
0 |
0 |
0 |
414.00 |
|
Lonoke |
20 |
11 |
2 |
5 |
1 |
8,781.97 |
|
Madison |
2 |
0 |
1 |
1 |
0 |
0,00 |
|
Marion |
1 |
1 |
0 |
0 |
0 |
9,431.61 |
|
Miller |
33 |
29 |
4 |
4 |
1 |
36,123.08 |
|
Mississippi |
31 |
12 |
9 |
2 |
1 |
17,623.01 |
|
Monroe |
5 |
6 |
0 |
0 |
0 |
14,875.50 |
|
Montgomery |
3 |
1 |
2 |
1 |
0 |
200.00 |
|
Nevada |
0 |
0 |
0 |
0 |
0 |
0.00 |
|
Newton |
2 |
1 |
1 |
0 |
0 |
2,500.00 |
|
Ouachita |
31 |
22 |
5 |
2 |
0 |
16,431.48 |
|
Perry |
3 |
1 |
0 |
2 |
0 |
336.00 |
|
Phillips |
32 |
17 |
10 |
4 |
0 |
29,618.40 |
|
Pike |
2 |
0 |
1 |
0 |
0 |
0.00 |
|
Poinsett |
5 |
3 |
3 |
0 |
0 |
5,635.17 |
|
Polk |
4 |
3 |
0 |
1 |
0 |
809.43 |
|
Pope |
12 |
7 |
6 |
0 |
0 |
10,122.30 |
|
Prairie |
5 |
4 |
2 |
1 |
0 |
17,767.80 |
|
Pulaski |
571 |
394 |
116 |
42 |
10 |
370,152.64 |
|
Randolph |
2 |
1 |
0 |
0 |
0 |
116.00 |
|
Saline |
36 |
35 |
2 |
4 |
0 |
36,361.39 |
|
Scott |
0 |
0 |
0 |
0 |
0 |
0.00 |
|
Searcy |
2 |
2 |
0 |
0 |
0 |
3,202.05 |
|
Sebastian |
46 |
31 |
7 |
7 |
0 |
57,808.81 |
|
Sevier |
2 |
1 |
0 |
0 |
0 |
45.25 |
|
Sharp |
0 |
0 |
0 |
1 |
0 |
0.00 |
|
St. Francis |
30 |
17 |
7 |
3 |
0 |
39,572.50 |
|
Stone |
15 |
13 |
0 |
2 |
0 |
1,942.00 |
|
Union |
31 |
14 |
9 |
2 |
1 |
19,045.28 |
|
Van Buren |
2 |
2 |
0 |
0 |
0 |
239.00 |
|
Washington |
84 |
58 |
31 |
20 |
0 |
50,001.65 |
|
White |
51 |
32 |
8 |
9 |
0 |
25,525.48 |
|
Woodruff |
4 |
4 |
0 |
0 |
0 |
3,050.25 |
|
Yell |
2 |
3 |
0 |
1 |
0 |
1,005.36 |
Totals reflect all monies disbursed to counties, including payment for ongoing treatment and loss of support from prior fiscal year.
VI. CASE SUMMARIES
AWARDS
Listed are examples of the types of claims which the Board has awarded.
Case #1 and Case #2 are related.
Case #1 - The victim and her husband were in the process of getting a divorce. Her husband was keeping their two children for a while, so she (victim) went to his home to visit the children on the night of the incident. While she was there, an argument erupted between she and her spouse. The husband became violent, found a gun and shot the victim in the chest and shoulder. He then shot himself. The victim was pronounced dead at the scene; the husband went to a neighbor's house for help.
The staff administratively awarded the funeral expenses for the victim. The Board awarded loss of support compensation for the children. The maximum $10,000 award was granted.
Case #2 - The two children were inside the home at the time this tragedy took place. Information gathered revealed a good possibility that at least the oldest child witnessed the incident,
The Board agreed to pay counseling for the oldest child. The husband/father recovered from his self-inflicted gunshot wound. He pled guilty to First Degree Murder and was sentenced to 40 years in the Arkansas Department of Corrections.
Case #3 - A 40-year old woman was returning home after making funeral arrangements for her father, who had passed away earlier that day, when she discovered an intruder in her home. The intruder beat the victim, raped her and held her at gunpoint as he stole all money and valuables from her home.
The Board covered all medical expenses that resulted from the rape and assault. The victim was able to have surgery to repair her eardrums that had burst during the beating. The suspect was convicted of burglary, rape and aggravated robbery and was sentenced to 120 years to the Arkansas Department of Corrections.
DENIALS
The following are examples of various types of claims which the Board denied or which were closed administratively:
Case #1 - The victim was leaving a bar when the suspect started arguing with him. The suspect hit the victim in the head with an unknown object and fractured the victim's left eye orbit and nose. The victim did not report the incident to law enforcement until seven days later. The victim signed an affidavit to have the suspect arrested after learning that medical expenses were going to be costly because of the eye injury.
The Board denied this claim because the victim failed to report the, incident to law enforcement within 72 hours.
Case #2 - According to the victim's statement on his claim form, he was stabbed when he asked three uninvited guests to leave a party. The police report, however, indicated that the victim set the altercation up and initiated the first aggressive action.
The Board denied this claim due to contributory conduct.
Case #3 - A pedestrian was struck by a vehicle at night as he attempted to cross an access road on which the vehicle was traveling. As the results of the driver's BAC test was negative, there was no violation of the Omnibus DWI Act. Also, there was no evidence to indicate that the driver intended to inflict injury or death upon the pedestrian.
This claim was closed administratively because the incident was outside the scope of the Act,
VII. PUBLIC AWARENESS
The Arkansas Crime Victims Reparations Board has continued the public awareness campaign to enlighten Arkansans about crime victim assistance programs that are available to those citizens who are innocent victims of crime. The following are various activities that have helped heighten public awareness:
Crime Victims Reparations Board Applications These forms have been mailed to all law enforcement agencies, prosecuting attorneys' offices, deputy prosecuting attorneys' offices, medical providers and victim/witness coordinators. Applications are available upon request by contacting the Arkansas Crime Victims Reparations Board at 1-800-482 -8982 or 682-1323.
Crime Victims Notification Cards
Approximately 50,000 notification cards have been distributed to law enforcement agencies and hospital emergency room personnel throughout Arkansas. Both groups have been encouraged to provide a card to each victim or the victim's family during an initial or follow-up investigation or visit.
Brochures
The Arkansas Crime Victims Reparations Board brochures outline the program. They are distributed to law enforcement agencies, hospitals, civic organizations, newspapers, prosecuting attorneys and victim/witness coordinators. Additional brochures are available by contacting the Arkansas Crime Victims Reparations Board, Office of the Attorney General, Outreach Division, Tower Building, Suite 601, 323 Center Street, Little Rock, Arkansas, 1-800-482 -8982 or 682-1323.
Posters
Display posters have been prepared and distributed in a similar method as the distribution for the brochures.
News Media
Numerous articles have appeared in newspapers throughout the state. The staff of the Board has appeared on radio and television news programs as well. Press releases are distributed each month containing information on the claims that are awarded in each county.
Crime Victims' Week
April 26 - May 2, of 1991 was designated nationally as Crime Victims' Rights Week. Arkansas Attorney General Winston Bryant and his staff helped to coordinate with other victim advocates a week long celebration which included the first victims march in Little Rock. Each day was filled with special events with full media coverage. The Crime Victims Reparations Board held their monthly meeting during this week and the Board hosted a reception for the victim advocate groups. Chairman Larry Dunklin, Attorney General Winston Bryant and Ginger Bailey participated in radio and television talk shows that featured victims that were compensated by this program.
Public Speaking Engagements
The Crime Victims Reparations Board and staff of the Attorney General's Office routinely make presentations to civic groups, colleges and professionals representing a cross section of the community. The Crime Victims staff has helped conduct statewide training sessions that have provided physicians, nurses, law enforcement agencies, and victim/witness -coordinators with the procedures for filing claims.
The Arkansas Crime Victims Reparations Board recognizes the continuing need to increase public awareness in order that the fundamental goal to compensate innocent victims of crime may be achieved.
